A petition has been lodged at the High Court seeking the removal of Health Cabinet Secretary Aden Duale from office over allegations of ethnic incitement and breaching constitutional leadership standards.
According to the petition, the case stems from remarks Duale made on July 20, 2026, while addressing residents in Lafey Constituency, Mandera County.
The two petitioners argued that the CS's statements and conduct violated multiple provisions of the Constitution as well as the National Cohesion and Integration Act.
Court documents indicate the petitioners maintained that the Constitution obligates State officers to exercise caution in their public remarks to avoid fuelling politically driven ethnic violence.
"The constitutional questions raised in this Petition must be understood within the historical context of Kenya's experience with politically instigated ethnic tensions and violence," the petitioners argued.
They further asserted that Cabinet Secretaries are constitutionally required to foster national unity rather than inflame political or ethnic divisions.
The petitioners also argued that although the Constitution guarantees freedom of expression, that right is not absolute.
"Constitutional democracy protects robust political debate but does not protect communication that undermines the equal dignity and security of communities," the petition reads.
They cited Article 33(2) of the Constitution, arguing that constitutional protections do not cover incitement to violence or advocacy of hatred amounting to ethnic incitement.
To support their case, the petitioners referenced Rwanda's 1994 genocide, arguing that courts should intervene before inflammatory rhetoric escalates into violence.
They asked the court to find that Duale used ethnic slurs, dehumanising metaphors and language that amounted to ethnic vilification, and that his conduct fell short of the constitutional standards of leadership and integrity.
"The 2nd Respondent has acted in a manner inconsistent with the constitutional requirements of leadership and integrity and is constitutionally unfit to continue serving as a Cabinet Secretary or in any State office," the petitioners noted.
Additionally, the petitioners want the court to compel Duale to comply with summons issued by the NCIC, arguing that his failure to honour the summons undermines the constitutional principles of accountability and integrity.
